MADAM PRESIDENT:
The Senate Committee on Rules and Legislative Procedure, to which was referred Senate Bill No. 394,
has had the same under consideration and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Delete everything after the enacting clause and insert the
following:
SECTION 1. IC 7.1-3-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 7. The holder of a
brewer's permit or an out-of-state brewer holding either a primary
source of supply permit or 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.
(H) Sell and deliver beer to a consumer at the permit
premises 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.
(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) (7) 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) (8) 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) (9) 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.
SOURCE: IC 7.1-3-3-4; (07)PD4309.2. -->
SECTION 2. IC 7.1-3-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The All premises
to be used as a warehouse by an applicant shall be described in the
application for the permit The commission shall not issue a beer
wholesaler's permit to an applicant for any other warehouse or premises
than that described in the application. The commission shall issue only
one (1) beer wholesaler's permit to an applicant, but and need not be
located within the corporate limits of an incorporated city or town.
A permittee may be permitted to transfer his the permittee's
warehouse to another location within the county, upon application to,
and approval of, the commission.
(b) As used in this subsection, "immediate relative" means the
father, the mother, a brother, a sister, a son, or a daughter of a
wholesaler permittee. Notwithstanding subsection (a), the commission,
upon the death or legally adjudged mental incapacitation of a
wholesaler permittee, may allow the transfer of the wholesaler permit
only to an immediate relative of the wholesaler permittee who
concurrently holds a majority share in a valid wholesaler permit.
SOURCE: IC 7.1-3-3-5; (07)PD4309.3. -->
SECTION 3. IC 7.1-3-3-5, AS AMENDED BY P.L.224-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. (a) The holder of a beer wholesaler's permit
may purchase and import from the primary source of supply, possess,
and sell at wholesale, beer and flavored malt beverages manufactured
within or without this state.
(b) A beer wholesaler permittee may possess, transport, sell, and
deliver beer to:
(1) another beer wholesaler authorized by the brewer to sell the
brand purchased;
(2) a consumer; an employee; or
(3) a holder of a beer retailer's permit, beer dealer's permit,
temporary beer permit, dining car permit, boat permit, airplane
permit, or supplemental caterer's permit;
located within this state. The sale, transportation, and delivery of beer
shall be made only from inventory that has been located on the
wholesaler's premises before the time of invoicing and delivery.
(c) Delivery of beer to a consumer shall be made in barrels only
with the exception of The beer wholesaler's bona fide regular
employees who may purchase beer from the wholesaler in:
(1) bottles, cans, or any other type of permissible containers in
an amount not to exceed forty-eight (48) pints; or
(2) one (1) keg;
at any one (1) time.
(d) The importation, transportation, possession, sale, and delivery
of beer shall be subject to the rules of the commission and subject to
the same restrictions provided in this title for a person holding a
brewer's permit.
(e) The holder of a beer wholesaler's permit may purchase, import,
possess, transport, sell, and deliver any commodity listed in
IC 7.1-3-10-5, unless prohibited by this title. However, a beer
wholesaler may deliver flavored malt beverages only to the holder of
one (1) of the following permits:
(1) A beer wholesaler or wine wholesaler permit, if the
wholesaler is authorized by the primary source of supply to sell
the brand of flavored malt beverage purchased.
(2) A wine retailer's permit, wine dealer's permit, temporary
wine permit, dining car wine permit, boat permit, airplane
permit, or supplemental caterer's permit.
(f) A beer wholesaler may:
(1) store beer for an out-of-state brewer described in
IC 7.1-3-2-9 and deliver the stored beer to another beer
wholesaler that the out-of-state brewer authorizes to sell the
beer;
(2) perform all necessary accounting and auditing functions
associated with the services described in subdivision (1); and
(3) receive a fee from an out-of-state brewer for the services
described in subdivisions (1) through (2).
SOURCE: IC 7.1-3-6.5-7; (07)PD4309.4. -->
SECTION 4. IC 7.1-3-6.5-7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 7. A person, including a
permittee, who knowingly or intentionally:
(1) purchases beer contained in a keg from a wholesaler or
dealer permittee; and
(2) does not return the keg to the wholesaler or dealer
permittee described in subdivision (1) within one hundred
twenty (120) days after the date the beer was purchased;
commits a Class A misdemeanor.
SOURCE: IC 7.1-3-9-11; (07)PD4309.5. -->
SECTION 5. IC 7.1-3-9-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. (a) A liquor retailer
may allow customers to sample the following:
(1) Beer.
(2) Wines.
(3) Liquors.
(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(5) Flavored malt beverages.
(6) Hard cider.
(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.
(f) A sample size of beer, flavored malt beverages, or hard cider
may not exceed six (6) ounces.
SOURCE: IC 7.1-3-10-13; (07)PD4309.6. -->
SECTION 6. IC 7.1-3-10-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 13. (a) A liquor dealer
permittee who is a proprietor of a package liquor store may allow
customers to sample the following:
(1) Beer.
(2) Wines.
(3) Liquors.
(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(5) Flavored malt beverages.
(6) Hard cider.
(b) Sampling is permitted:
(1) only on the package liquor store permit premises; and
(2) only during the store's regular business hours.
(c) No charge may be made for the samples provided to the
customers.
(d) Sample size of wines may not exceed one (1) ounce.
(e) In addition to the other provisions of this section, a proprietor
who allows customers to sample liquors, liqueurs, or cordials shall
comply with all of the following:
(1) A proprietor may allow a customer to sample not more than
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.
(f) Sample size of beer, flavored malt beverages, or hard cider
may not exceed six (6) ounces.
SOURCE: IC 7.1-3-13-1; (07)PD4309.7. -->
SECTION 7. IC 7.1-3-13-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. (a) The commission
may issue a wine wholesaler's permit to sell wine, or wine and brandy,
at wholesale to a person who:
(1) notwithstanding IC 7.1-5-9-4, holds a beer wholesaler's
permit;
(2) holds a liquor wholesaler's permit; or
(3) does not hold an alcoholic beverage wholesaler's permit, but
meets the qualifications to hold either a beer or a liquor
wholesaler's permit.
(b) The holder of a wine wholesaler's permit under subsection
(a)(1) or (a)(2):
(1) is considered the same as a person who holds a wine
wholesaler's permit under subsection (a)(3) for purposes of
conducting activities and operations under the wine wholesaler's
permit; and
(2) may operate the beer or liquor wholesale business
independently of the wine wholesale business.
SOURCE: IC 7.1-3-13-3.5; (07)PD4309.8. -->
SECTION 8. IC 7.1-3-13-3.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2007]: Sec. 3.5. (a) A wine wholesaler may
sell wine purchased from an estate sale only if the following
requirements are met:
(1) The primary source of the wine sold at auction:
(A) is authorized to sell wine in Indiana on the date the
wine is resold by the wholesaler;
(B) is given notice of the purchase by the wine
wholesaler; and
(C) authorizes the wine wholesaler to resell the wine
purchased.
(2) The seller of wine at auction is a bona fide estate of an
Indiana decedent.
(3) Each wine bottle has a sticker affixed to it indicating that
the wine was purchased from an estate.
(b) The notice given to the primary source under subsection
(a)(1) must include the following information:
(1) The name of the seller.
(2) The amount of the product purchased and the sale price
at auction.
(3) The vintage of the wine purchased.
(c) A wholesaler is not liable for product liability or negligence
for wine that the wholesaler sells from an estate auction purchase.
SOURCE: IC 7.1-3-21-3; (07)PD4309.9. -->
SECTION 9. IC 7.1-3-21-3, AS AMENDED BY P.L.165-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 3. The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any type;
or
(2) a liquor wholesaler's permit;
to a person who has not been a continuous and bona fide resident of
Indiana for five (5) years immediately preceding the date of the
application for a permit.
SOURCE: IC 7.1-3-21-4; (07)PD4309.10. -->
SECTION 10. IC 7.1-3-21-4, AS AMENDED BY P.L.165-2006,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 4. The commission shall not issue:
(1) a liquor wholesaler's permit; or
(2) an alcoholic beverage retailer's or dealer's permit;
of any type to a partnership unless each member of the partnership
possesses the same qualifications as those required of an individual
applicant for that particular type of permit.
SOURCE: IC 7.1-3-21-5; (07)PD4309.11. -->
SECTION 11. IC 7.1-3-21-5, AS AMENDED BY P.L.165-2006,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any type;
or
(2) a 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 Indiana for five (5) years.
(b) The commission shall not issue a liquor wholesaler's permit 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) Each officer and stockholder of a corporation shall possess all
other qualifications required of an individual applicant for that
particular type of permit.
SOURCE: IC 7.1-3-21-5.2; (07)PD4309.12. -->
SECTION 12. IC 7.1-3-21-5.2, AS AMENDED BY P.L.165-2006,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5.2. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any type;
or
(2) a 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 liquor wholesaler's permit 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) 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.
SOURCE: IC 7.1-3-21-5.4; (07)PD4309.13. -->
SECTION 13. IC 7.1-3-21-5.4, AS AMENDED BY P.L.165-2006,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 5.4. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any type;
or
(2) a 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 liquor wholesaler's permit 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) 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.
SOURCE: IC 7.1-3-21-6; (07)PD4309.14. -->
SECTION 14. IC 7.1-3-21-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) The provisions
of sections 4, 5, 5.2, and 5.4 of this chapter concerning retail and dealer
partnerships, corporations, limited partnerships, and limited liability
companies shall not apply to the issuance of:
(1) a dining car permit;
(2) a boat permit;
(3) a drug store permit;
(4) a grocery store permit;
(5) a hotel permit;
(6) an airplane permit;
(7) an excursion and adjacent landsite permit;
(8) a horse track permit;
(9) a satellite facility permit; or
[EFFECTIVE JULY 1, 2007]: Sec. 19.5. IC 7.1-3-13-3.5 (Concerning
wine purchased at an estate sale and resold by a wine wholesaler).
SOURCE: IC 7.1-3-3-19; (07)PD4309.22. -->
SECTION 22. IC 7.1-3-3-19 IS REPEALED [EFFECTIVE JULY
1, 2007].
(Reference is to SB 394 as introduced.)
and when so amended that said bill be reassigned to the Senate Committee on Commerce, Public Policy
and Interstate Cooperation.