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