Indiana 2022 Regular Session

Indiana Senate Bill SB0075 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 75
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 7.1-3; IC 7.1-5-10-11; IC 35-52-7-71.
7	7	Synopsis: Cold beer sales. Repeals provisions that prohibit a grocery
8	8	store (including a convenience store) or a drug store from selling and
9	9	delivering cold beer for carryout. Removes references to the
10	10	temperature of beer. Makes stylistic changes.
11	11	Effective: July 1, 2022.
12	12	Boots
13	13	January 4, 2022, read first time and referred to Committee on Public Policy.
14	14	2022 IN 75—LS 6112/DI 87 Introduced
15	15	Second Regular Session of the 122nd General Assembly (2022)
16	16	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
17	17	Constitution) is being amended, the text of the existing provision will appear in this style type,
18	18	additions will appear in this style type, and deletions will appear in this style type.
19	19	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
20	20	provision adopted), the text of the new provision will appear in this style type. Also, the
21	21	word NEW will appear in that style type in the introductory clause of each SECTION that adds
22	22	a new provision to the Indiana Code or the Indiana Constitution.
23	23	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
24	24	between statutes enacted by the 2021 Regular Session of the General Assembly.
25	25	SENATE BILL No. 75
26	26	A BILL FOR AN ACT to amend the Indiana Code concerning
27	27	alcohol and tobacco.
28	28	Be it enacted by the General Assembly of the State of Indiana:
29	29	1 SECTION 1. IC 7.1-3-1-1.5, AS ADDED BY P.L.270-2017,
30	30	2 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
31	31	3 JULY 1, 2022]: Sec. 1.5. (a) It is the intent of the general assembly,
32	32	4 consistent with the character of the business test described in section
33	33	5 19 of this chapter, that a grocery store, convenience store, or drug store
34	34	6 should not be given the privilege of selling cold beer for carryout.
35	35	7 (b) (a) It is the intent of the general assembly, consistent with the
36	36	8 character of the business test described in section 19 of this chapter,
37	37	9 that a restaurant located within a grocery store, convenience store, or
38	38	10 drug store should not be given the privilege of selling alcoholic
39	39	11 beverages for carryout.
40	40	12 (c) (b) The commission shall apply the intent of the general
41	41	13 assembly, when considering the character of an applicant's business, as
42	42	14 described in section 19 of this chapter.
43	43	15 SECTION 2. IC 7.1-3-4-6, AS AMENDED BY P.L.194-2021,
44	44	16 SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
45	45	17 JULY 1, 2022]: Sec. 6. (a) The holder of a beer retailer's permit shall
46	46	2022 IN 75—LS 6112/DI 87 2
47	47	1 be entitled to purchase beer for sale under his the holder's permit only
48	48	2 from a permittee entitled to sell to him the holder of a beer retailer's
49	49	3 permit under this title. A beer retailer shall be entitled to possess beer
50	50	4 and sell it beer at retail to a customer for consumption on the licensed
51	51	5 premises. A beer retailer also shall be entitled to sell beer to a customer
52	52	6 and deliver it beer in permissible containers to the customer on the
53	53	7 licensed premises, or to the customer's house. This delivery may only
54	54	8 be performed by the permit holder or an employee who holds an
55	55	9 employee permit. The permit holder shall maintain a written record of
56	56	10 each delivery for at least one (1) year that shows the customer's name,
57	57	11 location of delivery, and quantity sold.
58	58	12 (b) A beer retailer shall not be entitled to sell beer at wholesale. He
59	59	13 A beer retailer shall not be entitled to sell and deliver beer on the
60	60	14 street or at the curb outside the licensed premises, nor shall he the beer
61	61	15 retailer be entitled to sell beer at a place other than the licensed
62	62	16 premises. However, a beer retailer may offer food service (excluding
63	63	17 alcoholic beverages) to a patron who is outside the licensed premises
64	64	18 by transacting business through a window in the licensed premises.
65	65	19 (c) A beer retailer shall be entitled to sell and deliver warm or cold
66	66	20 beer for carry out, carryout, or for at-home delivery, in barrels or other
67	67	21 commercial containers in a quantity that does not exceed fifteen and
68	68	22 one-half (15 1/2) gallons at any one (1) time. A beer retailer that
69	69	23 delivers beer to a customer's residence must require the customer to
70	70	24 provide proof of age in accordance with IC 7.1-5-10-23.
71	71	25 (d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the beer
72	72	26 retailer may include the beer retailer parking lot or an area adjacent to
73	73	27 the beer retailer that may only be used for the purpose of conveying
74	74	28 alcoholic beverages and other nonalcoholic items to a customer, and
75	75	29 may not be used for point of sale purposes or any other purpose. Any
76	76	30 alcoholic beverages conveyed to the customer must be:
77	77	31 (1) in the sealed original containers and placed in a bag that is
78	78	32 stamped, printed, or labeled on the outside: "CONTAINS
79	79	33 ALCOHOLIC BEVERAGES"; and
80	80	34 (2) placed by an employee of the permittee who is at least
81	81	35 twenty-one (21) years of age:
82	82	36 (A) in the trunk of the motor vehicle; or
83	83	37 (B) behind the last upright seat of the motor vehicle, if the
84	84	38 motor vehicle is not equipped with a trunk.
85	85	39 A retailer permittee may only convey a customer's order of alcoholic
86	86	40 beverages to the customer, if the customer has also purchased a meal
87	87	41 from the retailer permittee that is conveyed to the customer at the same
88	88	42 time as the alcoholic beverages.
89	89	2022 IN 75—LS 6112/DI 87 3
90	90	1 (e) The employee of the permittee that conveys the alcoholic
91	91	2 beverages to the customer must require the customer to provide proof
92	92	3 of age in accordance with IC 7.1-5-10-23.
93	93	4 (f) The parking lot or area where the alcoholic beverages are
94	94	5 conveyed to the customer must be:
95	95	6 (1) well lit; and
96	96	7 (2) within clear view of the main entrance to the building of the
97	97	8 retailer premises.
98	98	9 SECTION 3. IC 7.1-3-5-3, AS AMENDED BY P.L.194-2021,
99	99	10 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
100	100	11 JULY 1, 2022]: Sec. 3. (a) The holder of a beer dealer's permit shall be
101	101	12 entitled to purchase beer for sale under the permit only from a
102	102	13 permittee entitled to sell to a beer dealer under this title.
103	103	14 (b) A beer dealer shall be entitled to possess beer and sell it beer at
104	104	15 retail to a customer in permissible containers only.
105	105	16 (c) A beer dealer may not sell beer by the drink nor for consumption
106	106	17 on the licensed premises nor shall a beer dealer allow it beer to be
107	107	18 consumed on the licensed premises.
108	108	19 (d) Except as provided in subsection (e), a beer dealer shall be
109	109	20 entitled to sell beer to a customer and deliver it beer in permissible
110	110	21 containers to the customer on the licensed premises, or to the
111	111	22 customer's residence or office. A beer dealer shall not be entitled to sell
112	112	23 and deliver beer on the street or at the curb outside the licensed
113	113	24 premises, nor shall a beer dealer be entitled to sell beer at a place other
114	114	25 than the licensed premises. A beer dealer shall not be entitled to sell
115	115	26 beer and deliver beer for carry-out, carryout, or for delivery to a
116	116	27 customer's residence or office, in a quantity that exceeds eight hundred
117	117	28 sixty-four (864) ounces in a single transaction. This delivery may only
118	118	29 be performed by the permit holder or an employee who holds an
119	119	30 employee permit. However, notwithstanding IC 7.1-5-10-11, a beer
120	120	31 dealer who is licensed pursuant to IC 7.1-3-10-4 shall be entitled to sell
121	121	32 and deliver warm or cold beer for carry-out, carryout, or for delivery
122	122	33 to a customer's residence, office, or a designated location in barrels or
123	123	34 other commercial containers that do not exceed two thousand sixteen
124	124	35 (2,016) ounces per container. The permit holder shall maintain a
125	125	36 written record of each delivery for at least one (1) year that shows the
126	126	37 customer's name, location of delivery, and quantity sold.
127	127	38 (e) Unless a beer dealer is a grocery store or drug store, a beer
128	128	39 dealer may not sell or deliver alcoholic beverages or any other item
129	129	40 through a window in the licensed premises to a patron who is outside
130	130	41 the licensed premises. A beer dealer that is a grocery store or drug store
131	131	42 may sell any item except alcoholic beverages through a window in the
132	132	2022 IN 75—LS 6112/DI 87 4
133	133	1 licensed premises to a patron who is outside the licensed premises.
134	134	2 SECTION 4. IC 7.1-5-10-11 IS REPEALED [EFFECTIVE JULY
135	135	3 1, 2022]. Sec. 11. (a) It is unlawful for the holder of a beer dealer's
136	136	4 permit to offer or display for sale, or sell, barter, exchange or give away
137	137	5 a bottle, can, container, or package of beer that was iced or cooled by
138	138	6 the permittee before or at the time of the sale, exchange, or gift.
139	139	7 (b) A person who knowingly or intentionally violates this section
140	140	8 commits a Class B misdemeanor.
141	141	9 SECTION 5. IC 35-52-7-71 IS REPEALED [EFFECTIVE JULY 1,
142	142	10 2022]. Sec. 71. IC 7.1-5-10-11 defines a crime concerning sales.
143	143	2022 IN 75—LS 6112/DI 87