Introduced Version






HOUSE BILL No. 1093

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 7.1-5.

Synopsis: Mail order sale of alcoholic beverages. Reclassifies the violation of certain alcoholic beverage laws relating to the sale, transport, or possession of untaxed beverages as Class D felonies. (Current law provides that such violations are Class C misdemeanors.) Makes it unlawful for a person engaged in the business of selling alcoholic beverages to ship an alcoholic beverage directly to an Indiana resident who does not hold a valid wholesaler's permit. Makes it unlawful for a common carrier to deliver an alcoholic beverage to a minor.

Effective: July 1, 1998.





Alderman




    January 6, 1998, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.








Introduced

Second Regular Session 110th General Assembly (1998)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1093



    A BILL FOR AN ACT to amend the Indiana Code concerning alcoholic beverages.

    Whereas, the direct shipment of alcoholic beverages by persons in the business of selling alcoholic beverages in other states or countries to residents of Indiana in violation of IC 7.1 poses a serious threat to the public health, safety, revenue, and the economy of Indiana;
    Whereas, the present penalties for illegal direct shipments of alcoholic beverages to residents of Indiana are inadequate to ensure compliance with the provisions of IC 7.1; and
    Whereas, the measures provided in this act are fully consistent with the powers conferred upon the state of Indiana by the Twenty-first Amendment to the Constitution of the United States: Therefore,

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-5-1-9; (98)IN1093.1.1. -->     SECTION 1. IC 7.1-5-1-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 9. Felony Penalty. A person who knowingly violates IC 7.1-5-4-1 , IC 7.1-5-4-3 , IC 7.1-5-4-6 , or IC 7.1-5-6-4 , IC 7.1-5-10-4 , IC 7.1-5-10-5 , IC 7.1-5-11-1.5 , IC 7.1-5-11-4 , or IC 7.1-5-11-5 commits a Class D felony.
SOURCE: IC 7.1-5-4-1; (98)IN1093.1.2. -->     SECTION 2. IC 7.1-5-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 1. Possession of Untaxed Beverages Prohibited. It is a Class C misdemeanor D felony for a person to sell, barter, give away, or possess, an alcoholic beverage, knowing that all taxes due the state on it are not paid.
SOURCE: IC 7.1-5-11-1.5; (98)IN1093.1.3. -->     SECTION 3. IC 7.1-5-11-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 1.5. (a) It is unlawful for a person in the business of selling alcoholic beverages in another state or country to ship or cause to be shipped an alcoholic beverage directly to an Indiana resident who does not hold a valid wholesaler permit under this title.
    (b) Upon a determination by the commission that a person has violated subsection (a), a wholesaler may not accept a shipment of alcoholic beverages from the person for not more than one (1) year.
    (c) The commission shall adopt rules under IC 4-22-2 to implement this section.

SOURCE: IC 7.1-5-11-4; (98)IN1093.1.4. -->     SECTION 4. IC 7.1-5-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 4. Deliveries Limited. It is unlawful for an officer, agent, or employee of a railroad company, express company, or other common carrier to recklessly deliver (1) an alcoholic beverage:
         (1) to a person other than the person to whom it is consigned;
        (2) it without a written order by the consignee; or
        (3) it to a person when the alcoholic beverage has been consigned to a fictitious person or a person under a fictitious name ; or
        (4) to a minor.

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