Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 4-1-8-1, AS AMENDED BY P.L.178-2003,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. (a) No individual may be compelled by any
state agency, board, commission, department, bureau, or other entity of
state government (referred to as "state agency" in this chapter) to
provide the individual's Social Security number to the state agency
against the individual's will, absent federal requirements to the
contrary. However, the provisions of this chapter do not apply to the
following:
(1) Department of state revenue.
(2) Department of workforce development.
(3) The programs administered by:
(A) the division of family and children;
(B) the division of mental health and addiction;
(C) the division of disability, aging, and rehabilitative services;
and
(D) the office of Medicaid policy and planning;
of the office of the secretary of family and social services.
(4) Auditor of state.
(5) State personnel department.
or whether a deduction should be allowed, based on (and after it has
made) the following findings:
(1) Whether the estimate of the value of the redevelopment or
rehabilitation is reasonable for projects of that nature.
(2) Whether the estimate of the number of individuals who will be
employed or whose employment will be retained can be
reasonably expected to result from the proposed described
redevelopment or rehabilitation.
(3) Whether the estimate of the annual salaries of those
individuals who will be employed or whose employment will be
retained can be reasonably expected to result from the proposed
described redevelopment or rehabilitation.
(4) Whether any other benefits about which information was
requested are benefits that can be reasonably expected to result
from the proposed described redevelopment or rehabilitation.
(5) Whether the totality of benefits is sufficient to justify the
deduction.
A designating body may not designate an area an economic
revitalization area or approve a deduction unless the findings required
by this subsection are made in the affirmative.
(c) Except as provided in subsections (a) through (b), the owner of
property which is located in an economic revitalization area is entitled
to a deduction from the assessed value of the property. If the area is a
residentially distressed area, the period is not more than five (5) years.
For all other economic revitalization areas designated before July 1,
2000, the period is three (3), six (6), or ten (10) years. For all economic
revitalization areas designated after June 30, 2000, the period is the
number of years determined under subsection (d). The owner is entitled
to a deduction if:
(1) the property has been rehabilitated; or
(2) the property is located on real estate which has been
redeveloped.
The owner is entitled to the deduction for the first year, and any
successive year or years, in which an increase in assessed value
resulting from the rehabilitation or redevelopment occurs and for the
following years determined under subsection (d). However, property
owners who had an area designated an urban development area
pursuant to an application filed prior to January 1, 1979, are only
entitled to a deduction for a five (5) year period. In addition, property
owners who are entitled to a deduction under this chapter pursuant to
an application filed after December 31, 1978, and before January 1,
1986, are entitled to a deduction for a ten (10) year period.
(d) For an area designated as an economic revitalization area after
June 30, 2000, that is not a residentially distressed area, the designating
body shall determine the number of years for which the property owner
is entitled to a deduction. However, the deduction may not be allowed
for more than ten (10) years. This determination shall be made:
(1) as part of the resolution adopted under section 2.5 of this
chapter; or
(2) by resolution adopted within sixty (60) days after receiving a
copy of a property owner's certified deduction application from
the county auditor. A certified copy of the resolution shall be sent
to the county auditor who shall make the deduction as provided
in section 5 of this chapter.
A determination about the number of years the deduction is allowed
that is made under subdivision (1) is final and may not be changed by
following the procedure under subdivision (2).
(e) Except for deductions related to redevelopment or rehabilitation
of real property in a county containing a consolidated city or a
deduction related to redevelopment or rehabilitation of real property
initiated before December 31, 1987, in areas designated as economic
revitalization areas before that date, a deduction for the redevelopment
or rehabilitation of real property may not be approved for the following
facilities:
(1) Private or commercial golf course.
(2) Country club.
(3) Massage parlor.
(4) Tennis club.
(5) Skating facility (including roller skating, skateboarding, or ice
skating).
(6) Racquet sport facility (including any handball or racquetball
court).
(7) Hot tub facility.
(8) Suntan facility.
(9) Racetrack.
(10) Any facility the primary purpose of which is:
(A) retail food and beverage service;
(B) automobile sales or service; or
(C) other retail;
unless the facility is located in an economic development target
area established under section 7 of this chapter.
(11) Residential, unless:
(A) the facility is a multifamily facility that contains at least
twenty percent (20%) of the units available for use by low and
moderate income individuals;
(B) the facility is located in an economic development target
area established under section 7 of this chapter; or
(C) the area is designated as a residentially distressed area.
(12) A package liquor store that holds a liquor dealer's permit
under IC 7.1-3-10 or any other entity that is required to operate
under a license issued under IC 7.1. This subdivision does not
apply to an applicant that:
(A) was eligible for tax abatement under this chapter before
July 1, 1995; or
(B) is described in IC 7.1-5-7-11; or
(C) operates a facility under:
(i) a beer wholesaler's permit under IC 7.1-3-3;
(ii) a liquor wholesaler's permit under IC 7.1-3-8; or
(iii) a wine wholesaler's permit under IC 7.1-3-13;
for which the applicant claims a deduction under this
chapter.
(f) This subsection applies only to a county having a population of
more than two hundred thousand (200,000) but less than three hundred
thousand (300,000). Notwithstanding subsection (e)(11), in a county
subject to this subsection a designating body may, before September 1,
2000, approve a deduction under this chapter for the redevelopment or
rehabilitation of real property consisting of residential facilities that are
located in unincorporated areas of the county if the designating body
makes a finding that the facilities are needed to serve any combination
of the following:
(1) Elderly persons who are predominately low-income or
moderate-income persons.
(2) Disabled persons.
A designating body may adopt an ordinance approving a deduction
under this subsection only one (1) time. This subsection expires
January 1, 2011.
SECTION 3. IC 7.1-2-3-16.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 16.5. (a) As used in this
section, "facility" includes the following:
(1) A facility to which IC 7.1-3-1-25(a) applies.
an out-of-state brewer's permit may do the following:
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler's
permit issued under IC 7.1-3-3.
(5) If the brewer's brewery manufactures not more than twenty
thousand (20,000) barrels of beer in a calendar year, do the
following:
(A) Sell and deliver beer to a person holding a retailer or a
dealer permit under this title.
(B) Be the proprietor of a restaurant.
(C) Hold a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant established under clause
(B).
(D) Transfer beer directly from the brewery to the restaurant
by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view both
premises.
(F) Install a doorway or other opening between the brewery
and an adjacent restaurant that provides the public and the
permittee with access to both premises.
(G) Sell the brewery's beer by the glass for consumption on
the premises. Brewers permitted to sell beer by the glass
under this clause must furnish the minimum food
requirements prescribed by the commission.
(6) If the brewer's brewery manufactures more than twenty
thousand (20,000) barrels of beer in a calendar year, own a
portion of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than twenty thousand (20,000) barrels
of beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) Sell and deliver beer to a consumer at the plant of the brewer
or at the residence of the consumer. The delivery to a consumer
shall be made only in a quantity at any one (1) time of not more
than one-half (1/2) barrel, but the beer may be contained in bottles
or other permissible containers.
(8) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer's
premises.
(9) Own a portion of the corporate stock of a sports corporation
that:
(A) manages a minor league baseball stadium located in the
same county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant located in that stadium.
(10) For beer described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the beer
on the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
licensed premises.
SECTION 7. IC 7.1-3-9-11, AS ADDED BY P.L.12-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 11. (a) A liquor retailer may allow customers to
sample the following:
(1) Beer.
(2) Wines.
(2) (3) Liquors.
(3) (4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(b) Sampling is permitted only:
(1) on the liquor retailer's permit premises; and
(2) during the permittee's regular business hours.
(c) A liquor retailer may not charge for the samples provided to
customers.
(d) Sample size of wines may not exceed one (1) ounce.
(e) In addition to the other provisions of this section, a liquor retailer
who allows customers to sample liquors, liqueurs, or cordials shall
comply with all of the following:
(1) A liquor retailer may allow a customer to sample only a
combined total of two (2) liquor, liqueur, or cordial samples per
day.
(2) Sample size of liqueurs or cordials may not exceed one-half
(1/2) ounce.
(3) Sample size of liquors may not exceed four-tenths (0.4) ounce.
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. Residency
Requirements. (a) The commission shall not issue:
(1) an alcoholic beverage wholesaler's, retailer's or dealer's permit
of any type; or
(2) a wine wholesaler's or liquor wholesaler's permit;
to a person who has not been a continuous and bona fide resident of
this state Indiana for five (5) years immediately preceding the date of
the application for a permit.
(b) The commission shall not issue a beer wholesaler's permit to
a person who has not been a continuous and bona fide resident of
Indiana for one (1) year.
SECTION 13. IC 7.1-3-21-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) Corporations.
The commission shall not issue:
(1) an alcoholic beverage wholesaler's, retailer's or dealer's permit
of any type; or
(2) a wine wholesaler's or liquor wholesaler's permit;
to a corporation unless sixty percent (60%) of the outstanding common
stock is owned by persons who have been continuous and bona fide
residents of this state Indiana for five (5) years.
(b) The commission shall not issue a beer wholesaler's permit to
a corporation unless at least sixty percent (60%) of the outstanding
common stock is owned by persons who have been continuous and
bona fide residents of Indiana for one (1) year.
(c) The commission shall not issue an alcoholic beverage a liquor
wholesaler's permit of any type to a corporation unless at least one (1)
of the stockholders shall have been a resident, for at least one (1) year
immediately prior to making application for the permit, of the county
in which the licensed premises are to be situated.
(c) (d) Each officer and stockholder of a corporation shall possess
all other qualifications required of an individual applicant for that
particular type of permit.
SECTION 14. IC 7.1-3-21-5.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5.2. (a) The
commission shall not issue:
(1) an alcoholic beverage wholesalers, retailers retailer's or
dealers dealer's permit of any type; or
(2) a wine wholesaler's or liquor wholesaler's permit;
to a limited partnership unless at least sixty percent (60%) of the
partnership interest is owned by persons who have been continuous and
bona fide residents of Indiana for five (5) years.
(b) The commission shall not issue a beer wholesaler's permit to
a limited partnership unless at least sixty percent (60%) of the
partnership interest is owned by persons who have been continuous
and bona fide residents of Indiana for one (1) year.
(c) The commission shall not issue an alcoholic beverage a liquor
wholesaler's permit of any type to a limited partnership unless for at
least one (1) year immediately before making application for the
permit, at least one (1) of the persons having a partnership interest has
been a resident of the county in which the licensed premises are to be
situated.
(c) (d) Each general partner and limited partner of a limited
partnership must possess all other qualifications required of an
individual applicant for that particular type of permit.
SECTION 15. IC 7.1-3-21-5.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5.4. (a) The
commission shall not issue:
(1) an alcoholic beverage wholesalers, retailers retailer's or
dealers dealer's permit of any type; or
(2) a wine wholesaler's or liquor wholesaler's permit;
to a limited liability company unless at least sixty percent (60%) of the
membership interest is owned by persons who have been continuous
and bona fide residents of Indiana for five (5) years.
(b) The commission shall not issue a beer wholesaler's permit to
a limited liability company unless at least sixty percent (60%) of
the membership interest is owned by persons who have been
continuous and bona fide residents of Indiana for one (1) year.
(c) The commission shall not issue an alcoholic beverage a liquor
wholesaler's permit of any type to a limited liability company unless for
at least one (1) year immediately before making application for the
permit, at least one (1) of the persons having a membership interest has
been a resident of the county in which the licensed premises are to be
situated.
(c) (d) Each manager and member of a limited liability company
must possess all other qualifications required of an individual applicant
for that particular type of permit.
SECTION 16. IC 7.1-5-7-11, AS AMENDED BY P.L.117-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a) The provisions of sections 9 and 10 of
this chapter shall not apply if the public place involved is one (1) of the
following:
(1) Civic center.
(2) Convention center.
(3) Sports arena.
(4) Bowling center.
(5) Bona fide club.
(6) Drug store.
(7) Grocery store.
(8) Boat.
(9) Dining car.
(10) Pullman car.
(11) Club car.
(12) Passenger airplane.
(13) Horse racetrack facility holding a recognized meeting permit
under IC 4-31-5.
(14) Satellite facility (as defined in IC 4-31-2-20.5).
(15) Catering hall under IC 7.1-3-20-24 that is not open to the
public.
(16) That part of a hotel or restaurant which is separate from a
room in which is located a bar over which alcoholic beverages are
sold or dispensed by the drink.
(17) Entertainment complex.
(18) Indoor golf facility.
(19) A recreational facility such as a golf course, bowling center,
or similar facility to which IC 7.1-3-16.5-2(c) applies.
(20) A licensed premises owned or operated by an educational
institution of higher learning (as defined in IC 20-12-15-1).
(21) An automobile racetrack.
(b) For the purpose of this subsection, "food" means meals prepared
on the licensed premises. It is lawful for a minor to be on licensed
premises in a room in which is located a bar over which alcoholic
beverages are sold or dispensed by the drink if all the following
conditions are met:
(1) The minor is eighteen (18) years of age or older.
(2) The minor is in the company of a parent, guardian, or family
member who is twenty-one (21) years of age or older.
(3) The purpose for being on the licensed premises is the
consumption of food and not the consumption of alcoholic
beverages.
SECTION 17. IC 7.1-5-9-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10. Retailer Owning
Interest in Another Permit Prohibited. (a) Except as provided in
subsection (b), it is unlawful for a holder of a retailer's permit of any
type to acquire, hold, own, or possess an interest of any type in a
manufacturer's or wholesaler's permit of any type.
(b) It is lawful for a holder of a retailer's permit of any type to
acquire, hold, own, or possess an interest of any type in a brewer's
permit for a brewery that manufactures not more than twenty
thousand (20,000) barrels of beer in a calendar year.
SECTION 18. IC 7.1-5-9-5 IS REPEALED [EFFECTIVE JULY 1,
2004].
SECTION 19. [EFFECTIVE UPON PASSAGE] IC 6-1.1-12.1-3,
as amended by this act, applies to property taxes first due and
payable after December 31, 2004.
SECTION 20. [EFFECTIVE JULY 1, 2004] IC 7.1-3-20-16.1, as
added by this act, applies to an application for a permit received
after June 30, 2004.
SECTION 21. [EFFECTIVE JULY 1, 2004] Notwithstanding
IC 7.1-3-21-3, IC 7.1-3-21-5, IC 7.1-3-21-5.2, and IC 7.1-3-21-5.4,
all as amended by this act, the residency requirement of five (5)
years for beer wholesalers under IC 7.1-3-21-3, IC 7.1-3-21-5,
IC 7.1-3-21-5.2, and IC 7.1-3-21-5.4 (as those provisions existed on
June 30, 2004) shall remain in effect for all contracts entered into
before July 1, 2004, under which a permit is to be transferred from
an Indiana resident to a person who was not an Indiana resident at
the time of execution of the contract.
SECTION 22. An emergency is declared for this act.
Approved: