IN HB1518 | 2019 | Regular Session
Status
Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on May 6 2019 - 100% progression
Action: 2019-05-06 - Public Law 285
Text: Latest bill text (Enrolled) [PDF]
Spectrum: Bipartisan Bill
Status: Passed on May 6 2019 - 100% progression
Action: 2019-05-06 - Public Law 285
Text: Latest bill text (Enrolled) [PDF]
Summary
Alcoholic matters and tobacco certificates. Amends for consistency provisions allowing a manufacturer that has two types of production facilities in one building to serve alcohol from a single bar. Specifies that a person with an interest in an artisan distiller's permit may have an interest in other manufacturer's permits. Allows a patron to carry wine into an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance. Disqualifies persons having certain criminal convictions from receiving certain alcoholic beverage permits or being appointed to the ATC or local ATC board. Provides that expunged criminal convictions may not be considered in determining an individual's eligibility to: (1) receive certain alcoholic beverage permits; or (2) be appointed to the ATC or to a local ATC board. Allows a hotel, restaurant, caterer, and private club to allow a customer to run a tab for alcohol purchases. Allows a brewery or farm winery to sell their product to a supplemental caterer for an outdoor event held at the brewery or farm winery. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis. Removes provisions restricting the permits issued for civic centers, auditoriums, marinas, stadiums, exhibition halls, convention centers, community centers, or social centers to political subdivisions of a certain population. Makes the following changes regarding permit ownership transfers: (1) Requires ATC review of an itemized purchase agreement. (2) Requires the ATC to maintain a public data base of information regarding private sales. Provides that a retailer's permit with carryout privileges that is exempt from gross retail requirements remains exempt if the permit is transferred to a new location. Provides that the money collected for various fees is distributed to the ATC's enforcement and administration fund. Provides the following regarding deposit of a permit in escrow: (1) A permit may be placed in escrow for an initial two year term. (2) Subject to the ATC's approval, the permit holder may receive up to three 12 month extensions of the initial two year escrow period. Makes conforming amendments concerning permits currently escrowed. Repeals provisions regarding the following: (1) Malt manufacturer's permit. (2) Malt wholesaler's permit. (3) Malt dealer's permit. (4) Malt excise tax. (5) Seasonal resort hotel permit. Allows the ATC to issue retailer's permits for: (1) a three-way retailer's permit (a master food hall permit) for a food hall containing multiple food and beverage vendors for an initial fee of $50,000; and (2) a one-, two-, or three-way permit (food hall vendor's permit) for a person that has vendor food and beverage space within a food hall for an initial fee of $2,500 or $5,000. Provides that for a vending space that is more than 2,000 square feet, a one-way, two-way, or three-way permit must be purchased subject to availability under the quota. Allows the holder of a food hall vendor's permit to have an interest in a farm winery, artisan distiller, or brewer's permit. Provides requirements for an outdoor beer garden. Regulates the sale of alcohol on jumbo boats. Provides that an application for renewal of a permit may be filed not later than six months (instead of one year) after the permit expires. Provides that an alcoholic beverage retailer's permit may be issued for proposed premises located at least 85 feet from a church if the church is separated from the retailer by a road having a width of 30 feet. Allows a supplemental caterer operating at certain collegiate stadiums to purchase alcoholic beverages and have the alcoholic beverages stored in areas approved by the ATC to be later served at the stadium. Adds a county that owns a marina to the units that may receive an alcoholic beverage permit for the marina. Provides that a holder of a permit for the state fair grounds that is a small brewery, farm winery, or artisan distillery, may, at the discretion of the state fair commission, sell alcoholic beverages produced by the permit holder for carryout at a trade show or exposition but not during the state fair. Specifies that if a small brewery, farm winery, or artisan distillery: (1) has two production facilities in one building and serves both types of products from a single bar; and (2) the law applicable to one of the permits regarding the presence of minors in the bar area is more prohibitive or restrictive than the law applicable to the other permit, the more prohibitive or restrictive law applies. Allows a brewery to can and carbonate liquor for a distillery in the same county. Permits a farm winery or the holder of a vintner's permit to manufacture wine and place it in boxes or bulk containers. Allows liquor to be sold from a golf cart at a golf course under the club permit. Allows additional permits for a specified manufacturing complex that is part of a redevelopment project. Allows outdoor bars at civic centers and certain retailers with a gross business of at least $1 million in food. Allows the ATC to revoke or suspend tobacco certificates. Permits an alcohol manufacturer, wholesaler, or retailer to provide free or discounted rides to a consumer for the purpose of furthering public safety. Specifies that the provision of a free or discounted ride may not be conditioned on the purchase of an alcoholic beverage.
Title
Alcoholic matters and tobacco certificates. Amends for consistency provisions allowing a manufacturer that has two types of production facilities in one building to serve alcohol from a single bar. Specifies that a person with an interest in an artisan distiller's permit may have an interest in other manufacturer's permits. Allows a patron to carry wine into an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance. Disqualifies persons having certain criminal convictions from receiving certain alcoholic beverage permits or being appointed to the ATC or local ATC board. Provides that expunged criminal convictions may not be considered in determining an individual's eligibility to: (1) receive certain alcoholic beverage permits; or (2) be appointed to the ATC or to a local ATC board. Allows a hotel, restaurant, caterer, and private club to allow a customer to run a tab for alcohol purchases. Allows a brewery or farm winery to sell their product to a supplemental caterer for an outdoor event held at the brewery or farm winery. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis. Removes provisions restricting the permits issued for civic centers, auditoriums, marinas, stadiums, exhibition halls, convention centers, community centers, or social centers to political subdivisions of a certain population. Makes the following changes regarding permit ownership transfers: (1) Requires ATC review of an itemized purchase agreement. (2) Requires the ATC to maintain a public data base of information regarding private sales. Provides that a retailer's permit with carryout privileges that is exempt from gross retail requirements remains exempt if the permit is transferred to a new location. Provides that the money collected for various fees is distributed to the ATC's enforcement and administration fund. Provides the following regarding deposit of a permit in escrow: (1) A permit may be placed in escrow for an initial two year term. (2) Subject to the ATC's approval, the permit holder may receive up to three 12 month extensions of the initial two year escrow period. Makes conforming amendments concerning permits currently escrowed. Repeals provisions regarding the following: (1) Malt manufacturer's permit. (2) Malt wholesaler's permit. (3) Malt dealer's permit. (4) Malt excise tax. (5) Seasonal resort hotel permit. Allows the ATC to issue retailer's permits for: (1) a three-way retailer's permit (a master food hall permit) for a food hall containing multiple food and beverage vendors for an initial fee of $50,000; and (2) a one-, two-, or three-way permit (food hall vendor's permit) for a person that has vendor food and beverage space within a food hall for an initial fee of $2,500 or $5,000. Provides that for a vending space that is more than 2,000 square feet, a one-way, two-way, or three-way permit must be purchased subject to availability under the quota. Allows the holder of a food hall vendor's permit to have an interest in a farm winery, artisan distiller, or brewer's permit. Provides requirements for an outdoor beer garden. Regulates the sale of alcohol on jumbo boats. Provides that an application for renewal of a permit may be filed not later than six months (instead of one year) after the permit expires. Provides that an alcoholic beverage retailer's permit may be issued for proposed premises located at least 85 feet from a church if the church is separated from the retailer by a road having a width of 30 feet. Allows a supplemental caterer operating at certain collegiate stadiums to purchase alcoholic beverages and have the alcoholic beverages stored in areas approved by the ATC to be later served at the stadium. Adds a county that owns a marina to the units that may receive an alcoholic beverage permit for the marina. Provides that a holder of a permit for the state fair grounds that is a small brewery, farm winery, or artisan distillery, may, at the discretion of the state fair commission, sell alcoholic beverages produced by the permit holder for carryout at a trade show or exposition but not during the state fair. Specifies that if a small brewery, farm winery, or artisan distillery: (1) has two production facilities in one building and serves both types of products from a single bar; and (2) the law applicable to one of the permits regarding the presence of minors in the bar area is more prohibitive or restrictive than the law applicable to the other permit, the more prohibitive or restrictive law applies. Allows a brewery to can and carbonate liquor for a distillery in the same county. Permits a farm winery or the holder of a vintner's permit to manufacture wine and place it in boxes or bulk containers. Allows liquor to be sold from a golf cart at a golf course under the club permit. Allows additional permits for a specified manufacturing complex that is part of a redevelopment project. Allows outdoor bars at civic centers and certain retailers with a gross business of at least $1 million in food. Allows the ATC to revoke or suspend tobacco certificates. Permits an alcohol manufacturer, wholesaler, or retailer to provide free or discounted rides to a consumer for the purpose of furthering public safety. Specifies that the provision of a free or discounted ride may not be conditioned on the purchase of an alcoholic beverage.
Sponsors
| Rep. Ben Smaltz [R] | Rep. Edward Clere [R] | Rep. Justin Moed [D] | Rep. Dan Forestal [D] |
| Sen. Ronnie Alting [R] | Sen. Mark Messmer [R] | Sen. Mike Bohacek [R] | Sen. Lonnie Randolph [D] |
| Sen. Mark Stoops [D] |
Roll Calls
2019-04-24 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 40 N: 9 NV: 0 Abs: 1) [PASS]
2019-04-24 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 83 N: 6 NV: 1 Abs: 10) [PASS]
2019-04-16 - Senate - Senate - Third reading (Y: 42 N: 7 NV: 0 Abs: 1) [PASS]
2019-04-10 - Senate - Senate - Committee Vote (Y: 10 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-21 - House - Third reading (Y: 81 N: 16 NV: 1 Abs: 2) [PASS]
2019-02-18 - House - House - Committee Vote (Y: 20 N: 0 NV: 0 Abs: 4) [PASS]
2019-02-13 - House - House - Committee Vote (Y: 12 N: 1 NV: 0 Abs: 0) [PASS]
2019-04-24 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 83 N: 6 NV: 1 Abs: 10) [PASS]
2019-04-16 - Senate - Senate - Third reading (Y: 42 N: 7 NV: 0 Abs: 1) [PASS]
2019-04-10 - Senate - Senate - Committee Vote (Y: 10 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-21 - House - Third reading (Y: 81 N: 16 NV: 1 Abs: 2) [PASS]
2019-02-18 - House - House - Committee Vote (Y: 20 N: 0 NV: 0 Abs: 4) [PASS]
2019-02-13 - House - House - Committee Vote (Y: 12 N: 1 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2019-05-06 | House | Public Law 285 |
| 2019-05-06 | House | Signed by the Governor |
| 2019-04-30 | Senate | Signed by the President of the Senate |
| 2019-04-24 | Senate | Signed by the President Pro Tempore |
| 2019-04-24 | House | Signed by the Speaker |
| 2019-04-24 | Senate | Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 603: yeas 40, nays 9 |
| 2019-04-24 | House | Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 622: yeas 83, nays 6 |
| 2019-04-24 | Senate | CCR # 1 filed in the Senate |
| 2019-04-24 | House | CCR # 1 filed in the House |
| 2019-04-18 | Senate | Senate advisors appointed: Messmer, Lanane and Bohacek |
| 2019-04-18 | Senate | Senate conferees appointed: Alting and Randolph Lonnie M |
| 2019-04-18 | House | House advisors appointed: Clere, Schaibley, Lehman, Austin and Summers |
| 2019-04-18 | House | House conferees appointed: Smaltz and Moed |
| 2019-04-17 | House | House dissented from Senate amendments |
| 2019-04-17 | House | Motion to dissent filed |
| 2019-04-17 | Senate | Returned to the House with amendments |
| 2019-04-16 | Senate | Senator Stoops added as cosponsor |
| 2019-04-16 | Senate | Third reading: passed; Roll Call 495: yeas 42, nays 7 |
| 2019-04-15 | Senate | Amendment #2 (Boots) prevailed; voice vote |
| 2019-04-15 | Senate | Amendment #3 (Taylor G) prevailed; voice vote |
| 2019-04-15 | Senate | Amendment #1 (Messmer) prevailed; voice vote |
| 2019-04-15 | Senate | Second reading: amended, ordered engrossed |
| 2019-04-15 | Senate | Senator Bohacek added as third sponsor |
| 2019-04-15 | Senate | Senator Messmer added as second sponsor |
| 2019-04-11 | Senate | Committee report: amend do pass, adopted |
| 2019-03-11 | Senate | Senator Randolph added as cosponsor |
| 2019-03-05 | Senate | First reading: referred to Committee on Public Policy |
| 2019-02-22 | House | Referred to the Senate |
| 2019-02-21 | House | Senate sponsor: Senator Alting |
| 2019-02-21 | House | Third reading: passed; Roll Call 257: yeas 81, nays 16 |
| 2019-02-20 | House | Representative Forestal added as coauthor |
| 2019-02-20 | House | Amendment #1 (Wesco) motion withdrawn |
| 2019-02-20 | House | Second reading: ordered engrossed |
| 2019-02-18 | House | Committee report: amend do pass, adopted |
| 2019-02-14 | House | Referred to the Committee on Ways and Means pursuant to House Rule 127 |
| 2019-02-14 | House | Committee report: amend do pass, adopted |
| 2019-01-29 | House | Representatives Clere and Moed added as coauthors |
| 2019-01-17 | House | First reading: referred to Committee on Public Policy |
| 2019-01-17 | House | Authored by Representative Smaltz |
