Citations Affected: IC 7.1-3; IC 7.1-5.
Synopsis: Alcoholic beverage license revocation. Requires the Indiana
alcoholic beverage commission to revoke a bartender's permit if the
bartender, knowing a person to be intoxicated, serves an alcoholic
beverage to the intoxicated person. Allows the alcoholic beverage
commission to suspend the bartender's permit of a bartender who has
been charged with knowingly serving an alcoholic beverage to an
intoxicated person until the disposition of the charges.
Effective: July 1, 2000.
January 10, 2000, read first time and referred to Committee on Public Policy.
January 27, 2000, reported favorably _ Do Pass.
February 1, 2000, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 7.1-3-18-9, AS AMENDED BY P.L.205-1999,
IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2000]: Sec. 9. (a) The commission may issue an employee's
permit to a person who desires to act as a clerk in a package liquor
store or as a bartender, waiter, waitress, or manager in a retail
establishment, excepting dining car and boat employees.
(b) A permit authorized by this section is conditioned upon the compliance by the holder with reasonable rules relating to the permit which the commission may prescribe from time to time.
(c) A permit issued under this section entitles its holder to work for any lawful employer. However, a person may work without an employee's permit for thirty (30) days from the date shown on a receipt for a cashier's check or money order payable to the commission for that person's employee's permit application.
(d) A person who, for a package liquor store or retail establishment, is:
(1) the sole proprietor;
Rule. (a) Except as provided in subsection (b), the commission, after
notice and hearing, and for cause other than that expressly provided in
this title, may suspend a permit to manufacture, transport or sell
alcoholic beverages for not longer than thirty (30) days for the violation
of a provision of this title, or for the failure or the refusal to comply
with a rule or regulation of the commission.
(b) This subsection applies to an individual charged with a violation of IC 7.1-5-10-15(a). Upon receiving notice of charges filed under IC 7.1-5-10-15(a), the commission:
(1) shall hold a hearing under section 6 of this chapter; and
(2) may suspend the permit of the individual charged with the violation until the disposition of the charges.
SECTION 4. IC 7.1-5-10-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 15. (a) It is unlawful for a person to sell, barter, deliver, or give away an alcoholic beverage to another person who is in a state of intoxication if the person knows that the other person is intoxicated.
(b) In any civil proceeding in which damages are sought from a permittee or a permittee's agent for the refusal to serve a person an alcoholic beverage, it is a complete defense if the permittee or agent reasonably believed that the person was intoxicated or was otherwise not entitled to be served an alcoholic beverage.
(c) After charges have been filed against a person for a violation of subsection (a), the prosecuting attorney shall notify the commission of the charges filed.